﻿Custom Abutment Warranty for CAD Form Titanium Abutments﻿

These warranty Terms & Conditions (“T&Cs”) cover Custom Automated Prosthetics (“CAP”) Abutments, including abutment screws (“Abutments”), manufactured and distributed by CAP.WARRANTY PERIODSSubject to the exclusions and limitations described in these T&Cs, CAP will provide the following benefits:

Lifetime warranty for titanium Abutments.

Five-year warranty from the date of shipment from CAP for hybrid Abutments.

Five year warranty on the cost of a replacement implant.

SCOPE OF WARRANTYCAP’s obligations, and an eligible treating clinician’s remedies, pursuant to the warranty outlined in these T&Cs are limited exclusively to the following:If the Abutment has defects in materials or workmanship such that it does not meet the CAP quality standards, then CAP will remake the Abutment at no additional charge.If the implant fails, and if the manufacturer and distributor of the implant refuses to honor their warranty for the implant exclusively due to the use of the CAP Abutment, CAP will reimburse the treating clinician for the purchase cost of the replacement implant and will remake the Abutment at no additional charge, provided that the treating clinician is otherwise eligible and follows the claim procedure outlined below.The cost of return shipment shall be borne by CAP in cases covered by the warranty under these T&Cs.ELIGIBILITYA treating clinician making a claim under these T&Cs must be current in all amounts owed to CAP at the time when the complaint is submitted.All procedures using Abutments (and implants)—before, during and after implantation—must be performed in accordance with CAP and the implant company’s protocols, guidelines and instructions, as well as generally accepted dental practices.CLAIM PROCEDURETo receive benefits under these T&C, the treating clinician must comply with all of the following:

The treating clinician must contact a CAP representative or CAP Customer Service at 85 Maple Street | Stoneham, MA 02180, 877-977-7889 ext 0, and/or customercare@cap-us.com to request a complaint record form and instructions for returning the Abutment; and

Return the completed complaint record form (documenting the cause of the claimed failure), and the Abutment, which must be decontaminated, to CAP within thirty days from the date on which the claimed defect was discovered by the treating clinician.

Treating clinicians submitting a complaint record form for failed implants must provide the following additional items:

documentation of the case, including demonstration that implants were indicated and that no contra-indicated conditions existed (see EXCLUSIONS) for that particular patient;

written confirmation that the implant company refused to honor its warranty exclusively due to the use of the Abutment; and

a receipt or invoice for replacement implant for reimbursement.

EXCLUSIONSThis warranty period is 5 years from the date the the implant is first loaded.The Warranty becomes void if the Abutment has been modified, grinded, diburred or otherwise retouched or altered.This warranty also becomes void if the failure is caused by:

trauma, accident, or any other damage caused by the patient or third party;

implants placed in a patient with contra-indicated conditions to successful implant integration, including but not limited to diseases related to alcoholism, uncontrolled diabetes, cigarette smoking, or habitual drug dependency; or

normal wear and tear.

LIMITATIONSThe warranty is exclusively for the benefit of eligible treating clinicians and is not for the benefit of any other person or entity, including, but not limited to, any patients, laboratories and other intermediate suppliers.These T&Cs, and the obligations, benefits and remedies set out herein, are the sole obligations, rights, benefits and remedies with respect to the Abutments and subject matter of this warranty. Any other rights, benefits and/or remedies, including, but not limited to, laboratory and clinical treatment related fees, are expressly excluded.Except for the warranty specified in these T&Cs, neither CAP nor any CAP representatives or other third parties which manufacture or distribute the Abutments, make any representation, warranty, or covenant, expressed or implied, written or oral, with respect to the Abutments, including, but not limited to, any implied warranties of merchantability, durability or fitness for a particular use or purpose.In addition, to the maximum extent permitted by law, CAP disclaims (on behalf of itself and any of its representatives or other third parties which manufacture or distribute the Abutments) any liability with respect to failure of the treating clinician to conform to generally accepted standards of dental practices and any other direct, indirect, incidental or consequential damages related to the design, composition, condition, use or performance of the Abutments, including, but not limited to, lost earnings, income or profit.CHANGE OR WITHDRAWAL OF THE WARRANTYCAP reserves the right to change or withdraw these T&Cs at any time without notice.Any such change or withdrawal will not affect the warranty of Abutments already installed in patients, and fully paid by the treating clinician to CAP, prior to the date thereof.THESE T&C ARE VALID AS OF AUGUST 30, 2013.